What is an easement?
An easement is a legal right to use another person’s property for certain purposes, such as allowing a neighbor to use a portion of your land for access. Easements are usually created by an agreement between the parties, or by a court order. In the state of Washington, residential real estate law governs the creation and use of easements. Easements can be either permanent or temporary. A permanent easement (also known as an appurtenance) gives the holder of the easement the right to use the land indefinitely, usually for a specific purpose such as providing access. A temporary easement is established for a specified period of time and is used by the holder for specific activities such as construction or repairs. An easement can be created in three ways: by agreement between the parties, through the court system, or by a government entity. In the state of Washington, a deed or quitclaim deed must be used to create an easement by agreement. If a court orders an easement, it is filed as a legal document with the county clerk’s office. If a government entity creates an easement, it is done through a public hearing process. Easements can be a valuable asset, as they allow the holder of the easement to take advantage of another’s property without having to purchase it. It is important to carefully consider any agreement made with regard to an easement, as it can have a significant impact on both parties involved.
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